_,:ri ~: P.:, \. AC H PR ~ African Commission on Human and Peoples' Rights /ri. ~, c.rrx.1x.1~ Human Rights our ColleGtive Responsibility 8. The Complainants submit that the Victims herein are indeed the Victims in Nairobi ELC Suit No. 821 of 2012 as against the Attorney General, Provincial Commissioner Rift Valley Province, Rift Valley Provincial Forests Officer, District Commissioner Nakuru, Wilson Chepkwony and the Director of Forestry being the first to sixth Respondents respectively. 9. The Complainants submit that indeed the Victims herein were successful, and the Court pronounced i~self in their favour, ordering inter alia: a. This Court hereby declares that the right to life protected by Section 71 of the previous Constitution and Article 26 of the 2010 Constitution the right to dignity under Article 28 of the 2010 Constitution and the economic and social rights under Article 43 of the Constitution, of the affected members of the Ogiek Community in Marioshioni Location, Elburgon Division, Nessuit Location and Nioro Division within Nakuru _ in the Mau Forest Complex including the Victims has been contravened _and is being contravened by their forcible eviction from said locations w ithout resettlement and that said members of the Ogiek Community have ·been deprived of their means of livelihood. b. This Court hereby declares the eviction of the Victims and other members of the Ogiek Community from Mariashioni" Location, Elburgon Division, Nessuit Location and Nioro Division, Nakuru in the Mau Complex is a contravention of their right not to be discriminated against under Section 82 of the previous Constitution and Article 27 and 56 of the 2010 Constitution, as it •has resulted in the Victims being unfairly prevented from living in accordance with their culture as farmers, hunters and gatherers in the Forests. • c. The National Land Commission is hereby directed to, within one year of the date of judgment, identify .and open a register of members of the Ogiek Community in consultations with the Ogiek Council of Elders, and identify land for the settlement of the said Ogiek members and the Victims who were to be settled in-the excised area Mariashioni Location, Elburgon Division, Nessuit Location and Njoro Division in Nakuru and have not yet been given land in line with the recommendations in the Report of the Government Task Force on the Conservation of the Mau Forest Complex published in March 2009, . d. The Victims shall serve a copy of the Judgment and orders herein to the Chairman of the National Land Commission within 30 days of the date of this Judgment. ,.. oi-: tWM.11..., e. The 1st 2nd 3rd 4th 6th Respondents shall meet the costs of s>'i tJit~Er.111;,,1;'\-o"" ~~~ "'\ 10. The Complainant; submit that indeed even though the Respon /~t partially adhered to the ruling of the Court in so far as making a re '! tel: ~~;i7&t d. AU -UA \ i.l).Q 2 Ji I c:: c/> The African Commissi ~t'.tdniattA«no$e'-Rights 31 Bijilo Annex Layout, Kombo N • ;i,l !ftstr~.e f? st Region Phone: (220) 23 . 20) 441 OS 04 Email: au-banjul@africanunion.org https:/achpr.au.int/0 0 a